3. Work Session Reports
E. ID 15-817 Receive a report, hold a discussion and give staff direction regarding a potential Economic Development Grant Agreement and a Commercial Lease Agreement with Rail Yard Partners, LTD. for a co-working space that may be administered by the Dallas Entrepreneur Center to support entrepreneurship and innovation in Tax Increment Reinvestment Zone (TIRZ) Number One.
1. Closed Meeting:
A. ID 15-615 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency ("TMPA") on matters including, without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City's interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, and provide Staff with direction regarding such matters.
B. ID 15-720 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential sale of real property interests owned by the City of Denton located in the G. Walker Survey, Abstract 1330, and Lot 1, Block 1, Lake Dallas Storage Addition, both in Denton County, Texas, and located generally south of F. M. Highway 426 (East McKinney Street) between Mayhill Road on the west and South Trinity Rd. on the east. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above as well as issues related to Atmos Pipeline - Texas Lake Dallas Natural Gas Storage Facility and its designation by Transportation Security Administration TSA as critical energy infrastructure impacted by Ordinance No. 2015-233 where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Atmos Lake Dallas Storage Facility).
C. ID 15-785 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and County of Denton, Texas). Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [Eagle Substation]
D. ID 15-818 Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and Rail Yard Partners, LTD. and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID 15-819]
E. ID 15-826 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15-02058-362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-08933-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
2. PROCLAMATIONS/PRESENTATIONS
A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public.
4. CONSENT AGENDA
A. ID 15-618 Consider a request for an exception to the Noise Ordinance for the purpose of the fifth annual Susan G. Komen North Texas Denton Race for the Cure at C.H. Collins Athletic Complex and Long Road, on Saturday, September 26, 2015, from 6:00 a.m. to 11:00 a.m. Amplified sound is needed for public announcements regarding race times and to play music during the event. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval.
B. ID 15-708 Consider a request for an exception to the Noise Ordinance for the purpose of the fundraiser, 2015 SunRay's Rodeo, Music and Arts Festival hosted by the Raylyn's Heart Foundation, to be held at the North Texas Fairgrounds October 3, 2015, from 3:00 p.m. to 12 midnight. The exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension of hours from 10 p.m. to midnight. Staff recommends approval.
C. ID 15-709 Consider approval of a resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 19-20, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 5-0.
D. ID 15-743 Consider approval of a resolution adopting a revised City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date.
F. ID 15-765 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of a Skytrak Model 10042 Telehandler for the City of Denton Electric Substations division; and providing an effective date (File 5917-awarded to Kirby-Smith Machinery, Inc. in the amount of $125,600). The Public Utilities Board recommends approval (7-0).
G. ID 15-767 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the reconstruction of Lillian Miller Parkway from the IH 35E frontage road to north of Teasley Lane; providing for the expenditure of funds therefor; and providing an effective date (Bid 5869-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the amount of $1,577,075.25).
H. ID 15-768 Consider adoption of an ordinance approving the expenditure of funds for the purchase of a Phosphax Phosphorous Control System for Real Time Metering of Phosphorous at the Pecan Creek Water Reclamation Plant including one (1) year maintenance and a three (3) year agreement for the purchase of parts, which are available from only one source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5891-awarded to Hach Company in the three (3) year not-to-exceed amount of $335,947). The Public Utilities Board recommends approval (4-0).
I. ID 15-770 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for crane services for Denton Municipal Electric substation and transmission line projects (RFP 5875-awarded to Luckett Crane Service, LTD in the three (3) year not-to-exceed amount of $540,000). The Public Utilities Board recommends approval (7-0).
J. ID 15-773 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designees to expend funds in an amount not to exceed $142,500.00 for the renovation of residential property located at 1224 North Bonnie Brae St., in the City of Denton, Texas. The purpose of the project is to provide a decent, safe, and sanitary replacement residence for a legally disabled Denton citizen who will be displaced due to an existing City infrastructure expansion as required by law.
K. ID 15-775 Consider adoption of an ordinance authorizing the City Manager to execute an agreement or agreements by and between the City of Denton, Texas and the Texas Municipal Power Agency (TMPA), that provides for terms and conditions under which Denton Municipal Electric will be responsible for the operation and maintenance of all TMPA transmission assets located within Denton County, Texas, in substantial conformity with the attached exhibits; authorizing the expenditure of funds therefor; and providing an effective date.
L. ID 15-778 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton, a Fixed Base Operator Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC; and, providing an effective date. The Council Airport Committee recommends approval (3-0).
M. ID 15-782 Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date.
O. ID 15-792 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the renovation of the City of Denton Civic Center Pool, located at 515 North Bell Street; providing for the expenditure of funds therefor; and providing an effective date (RFP 5867-awarded to JC Commercial, Inc. in the amount of $1,797,777).
P. ID 15-820 Consider approval of a resolution of the City of Denton, Texas approving the renaming of the Patterson-Appleton Center for the Visual Arts to the Patterson-Appleton Arts Center; and declaring an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
B. ID 15-819 Consider adoption of an ordinance of the City of Denton, Texas approving an Economic Development Agreement for an incentive grant between the City of Denton, the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Denton, Texas, and Rail Yard Partners, LTD; and a Commercial Lease Agreement between the City of Denton and Rail Yard Partners, LTD. involving development at the property located at 608 East Hickory Street, Denton, Texas, 76201 and for which the Tax Increment Reinvestment Zone Number One Board recommends approval; providing authority for the City Manager to execute the agreements subject to final language approval by the City Attorney; and providing an effective date.
6. PUBLIC HEARINGS
A. Z15-0021 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing an amendment to a Detailed Plan for a single family development within a Planned Development 12 (PD-12) district zone on approximately 1.37 acres of property, generally located on the north side of Winston Drive, approximately 139 feet northeast of the corner of Waterford Way and Winston Drive in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (7-0).
B. ID 15-776 Hold a public hearing and consider approval of a resolution for the proposed transmission route for construction, expansion, and use of electric power transmission lines, beginning at the Bonnie Brae Substation of Denton Municipal Electric and traversing along lines beginning from east of Bonnie Brae St., west of North Locust St., and terminating just south of Loop 288 at the North Lakes Substation, in the City of Denton, Denton County, Texas.
Sep 01, 2015 City Council on 2015-09-01 1:00 PM
3. Work Session Reports
E. ID 15-817 Receive a report, hold a discussion and give staff direction regarding a potential Economic Development Grant Agreement and a Commercial Lease Agreement with Rail Yard Partners, LTD. for a co-working space that may be administered by the Dallas Entrepreneur Center to support entrepreneurship and innovation in Tax Increment Reinvestment Zone (TIRZ) Number One.
1. Closed Meeting:
A. ID 15-615 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency ("TMPA") on matters including, without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City's interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, and provide Staff with direction regarding such matters.
B. ID 15-720 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential sale of real property interests owned by the City of Denton located in the G. Walker Survey, Abstract 1330, and Lot 1, Block 1, Lake Dallas Storage Addition, both in Denton County, Texas, and located generally south of F. M. Highway 426 (East McKinney Street) between Mayhill Road on the west and South Trinity Rd. on the east. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above as well as issues related to Atmos Pipeline - Texas Lake Dallas Natural Gas Storage Facility and its designation by Transportation Security Administration TSA as critical energy infrastructure impacted by Ordinance No. 2015-233 where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Atmos Lake Dallas Storage Facility).
C. ID 15-785 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and County of Denton, Texas). Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [Eagle Substation]
D. ID 15-818 Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and Rail Yard Partners, LTD. and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID 15-819]
E. ID 15-826 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15-02058-362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-08933-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
2. PROCLAMATIONS/PRESENTATIONS
A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public.
4. CONSENT AGENDA
A. ID 15-618 Consider a request for an exception to the Noise Ordinance for the purpose of the fifth annual Susan G. Komen North Texas Denton Race for the Cure at C.H. Collins Athletic Complex and Long Road, on Saturday, September 26, 2015, from 6:00 a.m. to 11:00 a.m. Amplified sound is needed for public announcements regarding race times and to play music during the event. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval.
B. ID 15-708 Consider a request for an exception to the Noise Ordinance for the purpose of the fundraiser, 2015 SunRay's Rodeo, Music and Arts Festival hosted by the Raylyn's Heart Foundation, to be held at the North Texas Fairgrounds October 3, 2015, from 3:00 p.m. to 12 midnight. The exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension of hours from 10 p.m. to midnight. Staff recommends approval.
C. ID 15-709 Consider approval of a resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 19-20, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 5-0.
D. ID 15-743 Consider approval of a resolution adopting a revised City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date.
F. ID 15-765 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of a Skytrak Model 10042 Telehandler for the City of Denton Electric Substations division; and providing an effective date (File 5917-awarded to Kirby-Smith Machinery, Inc. in the amount of $125,600). The Public Utilities Board recommends approval (7-0).
G. ID 15-767 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the reconstruction of Lillian Miller Parkway from the IH 35E frontage road to north of Teasley Lane; providing for the expenditure of funds therefor; and providing an effective date (Bid 5869-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the amount of $1,577,075.25).
H. ID 15-768 Consider adoption of an ordinance approving the expenditure of funds for the purchase of a Phosphax Phosphorous Control System for Real Time Metering of Phosphorous at the Pecan Creek Water Reclamation Plant including one (1) year maintenance and a three (3) year agreement for the purchase of parts, which are available from only one source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5891-awarded to Hach Company in the three (3) year not-to-exceed amount of $335,947). The Public Utilities Board recommends approval (4-0).
I. ID 15-770 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for crane services for Denton Municipal Electric substation and transmission line projects (RFP 5875-awarded to Luckett Crane Service, LTD in the three (3) year not-to-exceed amount of $540,000). The Public Utilities Board recommends approval (7-0).
J. ID 15-773 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designees to expend funds in an amount not to exceed $142,500.00 for the renovation of residential property located at 1224 North Bonnie Brae St., in the City of Denton, Texas. The purpose of the project is to provide a decent, safe, and sanitary replacement residence for a legally disabled Denton citizen who will be displaced due to an existing City infrastructure expansion as required by law.
K. ID 15-775 Consider adoption of an ordinance authorizing the City Manager to execute an agreement or agreements by and between the City of Denton, Texas and the Texas Municipal Power Agency (TMPA), that provides for terms and conditions under which Denton Municipal Electric will be responsible for the operation and maintenance of all TMPA transmission assets located within Denton County, Texas, in substantial conformity with the attached exhibits; authorizing the expenditure of funds therefor; and providing an effective date.
L. ID 15-778 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton, a Fixed Base Operator Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC; and, providing an effective date. The Council Airport Committee recommends approval (3-0).
M. ID 15-782 Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date.
O. ID 15-792 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the renovation of the City of Denton Civic Center Pool, located at 515 North Bell Street; providing for the expenditure of funds therefor; and providing an effective date (RFP 5867-awarded to JC Commercial, Inc. in the amount of $1,797,777).
P. ID 15-820 Consider approval of a resolution of the City of Denton, Texas approving the renaming of the Patterson-Appleton Center for the Visual Arts to the Patterson-Appleton Arts Center; and declaring an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
B. ID 15-819 Consider adoption of an ordinance of the City of Denton, Texas approving an Economic Development Agreement for an incentive grant between the City of Denton, the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Denton, Texas, and Rail Yard Partners, LTD; and a Commercial Lease Agreement between the City of Denton and Rail Yard Partners, LTD. involving development at the property located at 608 East Hickory Street, Denton, Texas, 76201 and for which the Tax Increment Reinvestment Zone Number One Board recommends approval; providing authority for the City Manager to execute the agreements subject to final language approval by the City Attorney; and providing an effective date.
6. PUBLIC HEARINGS
A. Z15-0021 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing an amendment to a Detailed Plan for a single family development within a Planned Development 12 (PD-12) district zone on approximately 1.37 acres of property, generally located on the north side of Winston Drive, approximately 139 feet northeast of the corner of Waterford Way and Winston Drive in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (7-0).
B. ID 15-776 Hold a public hearing and consider approval of a resolution for the proposed transmission route for construction, expansion, and use of electric power transmission lines, beginning at the Bonnie Brae Substation of Denton Municipal Electric and traversing along lines beginning from east of Bonnie Brae St., west of North Locust St., and terminating just south of Loop 288 at the North Lakes Substation, in the City of Denton, Denton County, Texas.
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